EUROPEAN COMMISSION

DIRECTORATE-GENERAL TAXATION AND CUSTOMS UNION

Brussels, 16 April 2020

REV2 – replaces the notice (REV1)
dated 27 March 2019

NOTICE TO STAKEHOLDERS

WITHDRAWAL OF THE UNITED KINGDOM AND EU RULES

IN THE FIELD OF VALUE ADDED TAX (VAT) FOR GOODS

Contents

INTRODUCTION ............................................................................................................... 2

A. LEGAL SITUATION AS OF THE END OF THE TRANSITION PERIOD ............ 4

1. VAT RULES FOR CROSS-BORDER SUPPLIES OF GOODS ............................... 4

2. VAT REFUNDS.......................................................................................................... 6

B. RELEVANT SEPARATION PROVISIONS OF THE WITHDRAWAL

AGREEMENT ............................................................................................................ 7

1. DISPATCH OR TRANSPORT OF GOODS BETWEEN THE EU AND

THE UNITED KINGDOM WHERE IT STARTED BEFORE THE END OF
THE TRANSITION PERIOD, BUT ENDED THEREAFTER .................................. 7

2. REIMPORTATION OF GOODS AFTER THE END OF THE

TRANSITION PERIOD .............................................................................................. 7

3. REFUND REQUESTS RELATING TO VAT PAID BEFORE THE END

OF THE TRANSITION PERIOD ............................................................................... 8

C. APPLICABLE RULES ON VAT FOR GOODS IN NORTHERN

IRELAND AFTER THE END OF THE TRANSITION PERIOD ............................ 8

1. INTRODUCTION ....................................................................................................... 8

2. VAT RULES FOR SUPPLIES OF GOODS ............................................................ 10

2.1. Supplies of goods within Northern Ireland ..................................................... 10
2.2. Transactions involving movements of goods between Northern Ireland
and the Member States .................................................................................... 10
2.2.1. Intra-EU supplies and acquisitions of goods (B2B
transactions) ....................................................................................... 11
2.2.2. Intra-EU distance sales of goods (B2C transactions) ........................ 11
 2.2.3. Goods installed or assembled ............................................................ 12
2.2.4. New means of transport ..................................................................... 13
2.3. Transactions involving movements of goods between Northern Ireland
and third countries/territories or other parts of the United Kingdom .............. 14
2.3.1. Goods brought into Northern Ireland from third
counties/territories or from other parts of the United Kingdom ........ 14
2.3.2. Goods taken out of Northern Ireland to third
countries/territories or to other parts of the United Kingdom ........... 15
2.4. Recapitulative table ......................................................................................... 15
2.5. Goods dispatched or transported from or to Northern Ireland before
the end of the transition period ........................................................................ 16
3. VAT REFUNDS........................................................................................................ 16
3.1. Taxable persons established in Northern Ireland with VAT paid on
purchases of goods or imported goods in a Member State .............................. 17
3.2. Taxable persons established in a Member State with VAT paid on
purchases of goods or imported goods in Northern Ireland ............................ 17
3.3. Taxable persons established outside the EU or in other parts of the
United Kingdom with VAT paid on purchases of goods or imported
goods in Northern Ireland ................................................................................ 18

INTRODUCTION

Since 1 February 2020, the United Kingdom has withdrawn from the European Union
and has become a ‘third country’.1 The Withdrawal Agreement2 provides for a transition
period ending on 31 December 2020.3 Until that date, EU law in its entirety applies to
and in the United Kingdom.4

During the transition period, the EU and the United Kingdom will negotiate an
agreement on a new partnership, providing notably for a free trade area. However, it is
not certain whether such an agreement will be concluded and will enter into force at the
end of the transition period. In any event, such an agreement would create a relationship
which in terms of market access conditions will be very different from the United

1
A third country is a country not member of the EU.

2
Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the
European Union and the European Atomic Energy Community, OJ L 29, 31.1.2020, p. 7 (“Withdrawal
Agreement”).

3
The transition period may, before 1 July 2020, be extended once for up to 1 or 2 years (Article 132(1)
of the Withdrawal Agreement). The UK government has so far ruled out such an extension.

4
Subject to certain exceptions provided for in Article 127 of the Withdrawal Agreement, none of which
is relevant in the context of this notice.

2
Kingdom’s participation in the internal market,5 in the EU Customs Union, and in the
VAT and excise duty area .

Therefore, all interested parties, and especially economic operators, are reminded of the
legal situation applicable as of the end of the transition period (Part A below). This notice
also explains certain relevant separation provisions of the Withdrawal Agreement (Part B
below), as well as the rules applicable to Northern Ireland as of the end of the transition
period (Part C below).

Advice to stakeholders:

To address the consequences set out in this notice, stakeholders are in particular advised
to:

− familiarise themselves with customs procedures and formalities regarding import and
export of goods; and

− take account of VAT payment upon importation of goods from the United Kingdom.

Please note:

This notice does not address:

- VAT treatment of services, in particular on the Mini-One-Stop-Shop (MOSS);

- Customs procedures;

- EU rules on excise.

For these aspects, other notices are in preparation or have been published.6

It has to be noted that the purpose of this notice is to give a general explanation on the
main consequences of the Withdrawal Agreement on the EU VAT rules applicable for
goods in relation to the United Kingdom. It is not intended to explain in detail each
specific VAT rule, in particular the simplification schemes that will enter into force in

5
In particular, a free trade agreement does not provide for internal market concepts (in the area of goods
and services) such as mutual recognition, the ‘country of origin principle’, and harmonisation. Nor
does a free trade agreement remove customs formalities and controls, including those concerning the
origin of goods and their input, as well as prohibitions and restrictions for imports and exports.

6
https://ec.europa.eu/info/european-union-and-united-kingdom-forging-new-partnership/future-
partnership/preparing-end-transition-period_en

3
2021 for distance sales of goods7 or other more specific systems such as call-off stock
arrangements.8 General information is available on the Taxation and Customs Union
Commission website.9

A. LEGAL SITUATION AS OF THE END OF THE TRANSITION PERIOD

As of the end of the transition period, the EU rules in the field of VAT, and in particular
Council Directive 2006/112/EC of 28 November 2006 on the common system of value
added tax10 (hereafter the 'VAT Directive') and Council Directive 2008/9/EC of 12
February 2008 laying down detailed rules for the refund of value added tax, provided for
in Directive 2006/112/EC, to taxable persons not established in the Member State of
refund but established in another Member State11, no longer apply to and in the United
Kingdom.12 This has in particular the following consequences concerning the treatment
of taxable transactions in goods (see below, 1) and VAT refunds (see below, 2):

1. VAT RULES FOR CROSS-BORDER SUPPLIES OF GOODS

EU VAT legislation provides for different VAT regimes for cross-border

supplies/acquisitions and movements to/from Member States and third countries or
territories.

As of the end of the transition period, the EU rules for cross-border supplies and
movements between Member States will no longer apply in the relations between
Member States and the United Kingdom (e.g. no intra-EU supplies and acquisitions
of goods; no distance sales13 regime for goods to and from the United Kingdom).

Instead, as of the end of the transition period, supplies and movements of goods
between the EU and the United Kingdom will be subject to the VAT rules on
imports and exports. This implies that goods which are brought into the VAT
territory of the EU from the United Kingdom or are to be taken out of that territory
for dispatch or transport to the United Kingdom, will be subject to customs

7
See the specific notice on ‘online purchase with subsequent parcel delivery’
(https://ec.europa.eu/info/european-union-and-united-kingdom-forging-new-partnership/future-
partnership/preparing-end-transition-period_en).

8
https://ec.europa.eu/taxation_customs/sites/taxation/files/explanatory_notes_2020_quick_fixes_en.pdf

9
https://ec.europa.eu/taxation_customs/business/vat_en

10
OJ L 347, 11.12.2006, p. 1.

11
OJ L 44, 20.2.2008, p. 23.

12
Regarding the applicability of the EU VAT law for goods to Northern Ireland, see Part C of this
notice.

13
Article 14(4) of the VAT Directive introduced by Council Directive (EU) 2017/2455 of 5 December
2017 and applicable as of 1 January 2021.

4
 supervision and may be subject to customs controls in accordance with Regulation
(EU) No 952/2013 of 9 October 2013 laying down the Union Customs Code.14

 VAT will be due at the importation in the EU15, at the rate that applies to the
supplies of the same goods within the EU.16 VAT will be payable to customs
authorities at the time of importation, unless the Member State of importation
allows to enter import VAT in the periodical VAT return of the taxable person.17
The taxable amount is based on the value for customs purposes, but increased by
(a) taxes, duties, levies and other charges due outside the Member State of
importation, and those due by reason of importation, excluding the VAT to be
levied, and (b) incidental expenses, such as commission, packing, transport and
insurance costs, incurred up to the first place of destination within the territory
of the Member State of importation as well as those resulting from transport to
another place of destination within the EU, if that other place is known when the
chargeable event occurs.18

 The customs export procedure will be obligatory for Union goods leaving the
EU customs territory. First the exporter will present the goods and a pre-
departure declaration (customs declaration, re-export declaration, exit summary
declaration) at the customs office responsible for the place where he is
established or where the goods are packed or loaded for export shipment
(customs office of export). Subsequently, the goods will be presented at the
customs office of exit which may examine the goods presented based on the
information received from the customs office of export and will supervise their
physical exit out of the EU customs territory.

Goods will be exempt from VAT if they are dispatched or transported to a

destination outside the EU.19 The supplier of exported goods must be able to
prove that the goods have left the EU. In this regard, Member States generally
base themselves on the certification of exit given to the exporter by the customs
office of export.

 As of 1 January 2021, an optional import scheme will be implemented covering

distance sales of goods20 imported from third countries or territories to
customers in the EU up to a value of EUR 150.21

14
OJ L 269, 10.10.2013, p. 1.

15
Article 2(1)(d) of the VAT Directive.

16
Article 94(2) of the VAT Directive.

17
Article 211 of the VAT Directive.

18
Articles 85 and 86 of the VAT Directive.

19
Article 146 of the VAT Directive.

20
Except products subject to excise duties.

21
Section 4 of Chapter 6 under Title XII of the VAT Directive.

5
 The seller will charge and collect the VAT at the point of sale to EU customers
and declare and pay that VAT globally to the Member State of identification via
a One-Stop-Shop (OSS). These goods will then benefit from a VAT exemption
upon importation, allowing a fast release at customs.

A taxable person established outside the EU wishing to make use of this special
scheme will be obliged to appoint an intermediary established in the EU (e.g. a
courier, postal operator or customs agent), unless it is established in a country
with which the EU has concluded an agreement on mutual assistance and from
which it carries out the distance sales of goods.

Additionally, also with effect from 1 January 2021, where the import OSS is not
used, a second simplification mechanism will be available for imports in
consignments of an intrinsic value not exceeding EUR 150. Import VAT due in
respect of goods for which the dispatch or transport ends in the Member State of
importation will be collected from customers by the customs declarant (e.g. a
courier, postal operator or customs agents) which will pay it to the customs
authorities via a monthly payment.22

As of 1 January 2021, together with the introduction of the import scheme, the
current VAT exemption for goods in small consignment of a value of up to EUR
22 will be abolished.23

2. VAT REFUNDS

VAT refunds by Member States to taxable persons established outside the EU are
subject to the following conditions24:

 The request must be submitted directly to the Member State from which the
refund is requested, in accordance with the arrangements determined by that
Member State (Article 3(1) of the Thirteenth Council Directive 86/560/EEC of
17 November 1986 on the harmonisation of the laws of the Member States
relating to turnover taxes - Arrangements for the refund of value added tax to
taxable persons not established in Community territory25 - hereafter '13th VAT
Directive');

 The VAT refund may be subject to a reciprocity condition (meaning that the
refund is only permitted if VAT refund is also granted by the third country or
territory to taxable persons established in the Member State concerned (Article
2(2) of the 13th VAT Directive);

22
Article 369y of the VAT Directive.

23
Article 23 of Council Directive 2009/132/EC.

24
Further information on: https://ec.europa.eu/taxation_customs/business/vat/eu-vat-rules-topic/vat-
refunds_en

25
OJ L 326, 21.11.1986, p. 40.

6
  Each Member State may require the taxable person established in a third country
or territory to designate a tax representative in order to obtain the VAT refund
(Article 2(3) of the 13th VAT Directive).

Subject to the Withdrawal Agreement,26 as of the end of the transition period these
rules apply to refunds by Member States to taxable persons established in the United
Kingdom.27

B. RELEVANT SEPARATION PROVISIONS OF THE WITHDRAWAL AGREEMENT

1. DISPATCH OR TRANSPORT OF GOODS BETWEEN THE EU AND THE UNITED

KINGDOM WHERE IT STARTED BEFORE THE END OF THE TRANSITION PERIOD, BUT
ENDED THEREAFTER

The dispatch or transport of goods from the United Kingdom to the territory of a
Member State (or vice versa) may start before the end of the transition period but
end after that transition period, whereby the goods arrive at the EU border (or
respectively the UK border) after the transition period.

According to Article 51(1) of the Withdrawal Agreement, these transactions will

still be considered for VAT purposes as intra-EU transactions (intra-EU supplies
and acquisitions of goods, or B2C28 supplies of goods taxable in the country of
destination (distance sales of goods) or of origin) and not as exports/imports.

After the end of the transition period, those ongoing movements of goods will,
however, have to be presented to customs at the border of the EU and of the United
Kingdom. Customs authorities may request the importer to prove, by means of a
transport document, that the dispatch or transport started before the end of the
transition period.

The reporting obligations related to these transactions provided for in the VAT
Directive such as the submission of recapitulative statements will still apply.

2. REIMPORTATION OF GOODS AFTER THE END OF THE TRANSITION PERIOD

According to Article 51(2) of the Withdrawal Agreement, the taxable person’s

rights and obligations under EU VAT law continue to apply where the transaction
between the United Kingdom and the EU took place before the end of the transition
period.

26
See below, part B of this notice.

27
These rules are also applicable to taxable persons established in Northern Ireland as regards the refund
of VAT paid on services in the Member States.

28
Business to Consumers.

7
 Article 143(1)(e) of the VAT Directive provides for an exemption from VAT of the
reimportation, by the person who exported them, of goods in the state in which they
were exported, where those goods are exempt from customs duties.29

Thus, where goods had been transported or dispatched from one of the Member
States to the United Kingdom before the end of the transition period and are
returned in an unaltered state30 from the United Kingdom to the EU after the end of
the transition period, these movements are considered as reimportations according
to Article 143(1)(e) of the VAT Directive. Provided the other conditions of Article
143(1)(e) of the VAT Directive are fulfilled,31 the import is VAT exempted.

3. REFUND REQUESTS RELATING TO VAT PAID BEFORE THE END OF THE TRANSITION
PERIOD

According to Article 51(3) of the Withdrawal Agreement, a taxable person

established in one of the Member States or in the United Kingdom is still to use the
electronic portal set up by his State of establishment, in accordance with Article 7 of
Directive 2008/9/EC, for submitting an electronic refund application that relates to
VAT which was paid in, respectively, the United Kingdom or a Member State,
before the end of the transition period32.

The application is to be submitted, under the conditions of the Directive, at the latest
on 31 March 2021.

The other rules provided for in the VAT Directive and Directive 2008/9/EC will
continue to apply, until 5 years after the end of the transition, to these refund
applications and the previous ones relating to VAT chargeable33 before the end of
the transition period.

C. APPLICABLE RULES ON VAT FOR GOODS IN NORTHERN IRELAND AFTER THE END
OF THE TRANSITION PERIOD

1. INTRODUCTION

As from the end of the transition period, the Protocol on Ireland/Northern Ireland
(‘IE/NI Protocol’) applies.34 The IE/NI Protocol is subject to periodic consent of the
29
See the guidance note on the withdrawal of the United Kingdom and customs related matters relevant
at the end of the transition period.

30
In accordance with Article 203(5) of Regulation (EU) No 952/2013.

31
In particular, the return has to take place within a period of three years, cf. Article 203(1) of
Regulation (EU) No 952/2013.

32
These rules are also applicable to taxable persons established in Northern Ireland as regards the refund
of VAT paid on services in the Member States.

33
Article 14 of Directive 2008/9/EC.

34
Article 185 of the Withdrawal Agreement.

8
 Northern Ireland Executive and Assembly, the initial period of application
extending to 4 years after the end of the transition period.35

The IE/NI Protocol makes certain provisions of EU law applicable also to and in the
United Kingdom in respect of Northern Ireland. In the IE/NI Protocol, the EU and
the United Kingdom have furthermore agreed that insofar as EU rules apply to and
in the United Kingdom in respect of Northern Ireland, Northern Ireland is treated as
if it were a Member State.36

The IE/NI Protocol provides that EU VAT rules concerning goods apply to and in
the United Kingdom in respect of Northern Ireland.37 This means that references to
the EU in Parts A and B of this notice have to be understood as including Northern
Ireland, whereas references to the United Kingdom have to be understood as
referring only to Great Britain.

Transactions involving services are not covered by the IE/NI Protocol. This means
that transactions in services between Member States and Northern Ireland will be
treated as transactions between Member States and third countries/territories.38

This will have in particular the following consequences:

 Transactions involving movements of goods between Northern Ireland and

Member States will be considered as intra-EU transactions;

 Transactions involving movements of goods between Northern Ireland and

other parts of the United Kingdom will be considered as imports/exports;

 Taxable persons established in Northern Ireland will be able to use the One-
Stop-Shop (OSS) for declaring and paying the VAT due on their intra-EU
distance sales of goods from Northern Ireland (or from Member States) to
customers in the Member States (or in Northern Ireland);

 Taxable persons established in the Member States will be able to use the
One-Stop-Shop (OSS) for declaring and paying the VAT due on their intra-
EU distance sales of goods from Member States to customers in Northern
Ireland;

 Taxable persons established in Northern Ireland will be able to request a

refund of the VAT paid in the Member States under the refund procedure
established by Council Directive 2008/9/EC, insofar as the refund relates to
VAT which they have paid on acquisitions of goods;

 Taxable persons established in the Member States will be able to request a

refund of the VAT paid in Northern Ireland under the refund procedure

35
Article 18 of the IE/NI Protocol.

36
Article 7(1) of the Withdrawal Agreement in conjunction with Article 13(1) of the IE/NI Protocol.

37
Article 8 of the IE/NI Protocol and section 1 of annex 3 to that Protocol.

38
Article 8 of the IE/NI Protocol and section 1 of annex 3 to the IE/NI Protocol.

9
 established by Council Directive 2008/9/EC, insofar as the refund relates to
VAT which they have paid on acquisitions of goods.

However, the IE/NI Protocol excludes the possibility for the United Kingdom in
respect of Northern Ireland to participate in the decision-making and decision-
shaping of the Union.39

The VAT treatment of taxable transactions and the VAT refunds rules are further
detailed in the respective sections 2 and 3 below.

2. VAT RULES FOR SUPPLIES OF GOODS

As of the end of the transition period, all EU VAT rules concerning transactions in
goods (supplies of goods, intra-EU acquisitions of goods and
exportations/importations of goods) will continue to apply in Northern Ireland as if
it were a Member State of the EU. This means, for instance, that the place of
taxation, the chargeable event and chargeability of VAT, the taxable amount, the
VAT rates, the exemptions, the deduction rules or the obligations applicable will be
those provided for in the VAT Directive as regards goods, as they will be
implemented in Northern Ireland. The standard VAT treatment that will be
applicable to transactions in goods is detailed below.

2.1. Supplies of goods within Northern Ireland

VAT will be due on supplies of goods that will take place in Northern
Ireland40 at the rate applicable in Northern Ireland.41

2.2. Transactions involving movements of goods between Northern Ireland

and the Member States

Transactions involving movements of goods between Northern Ireland and

Member States will be considered as intra-EU transactions.

All EU rules applying to cross-border supplies and movements of goods

between the Member States will also apply in the relations between Northern
Ireland and the Member States (e.g. intra-EU supplies and acquisitions of
goods, distance sales regime for goods to and from Northern Ireland).

39
Where an information exchange or mutual consultation is necessary, this will take place in the joint
consultative working group established by Article 15 of the IE/NI Protocol.

40
Article 2(1)(a) of the VAT Directive.

41
Article 93 of the VAT Directive.

10
 2.2.1. Intra-EU supplies and acquisitions of goods (B2B42 transactions)

2.2.1.1. Goods moving from Northern Ireland to a Member State

An intra-EU supply of goods will take place in Northern

Ireland if the goods are dispatched or transported by (or on
behalf of) the supplier or the customer from Northern
Ireland to a Member State. The customer will make a
corresponding intra‑EU acquisition in the Member State of
destination of the goods.

Where the conditions are fulfilled, the intra-EU supply will

be exempt from VAT in Northern Ireland43. The
corresponding intra‑EU acquisition made by the customer
in the Member State of destination of the goods will be
taxed at the rate and under the conditions applicable in that
Member State.44

2.2.1.2. Goods moving from a Member State to Northern Ireland

An intra-EU supply of goods will take place in the Member

State of departure of the goods if the goods are dispatched
or transported by (or on behalf of) the supplier or the
customer from that Member State to Northern Ireland. The
customer will make a corresponding intra‑EU acquisition
in Northern Ireland.

Where the conditions are fulfilled, the intra-EU supply will

be exempt from VAT in the Member State of departure45.
The corresponding intra‑EU acquisition made by the
customer in Northern Ireland will be taxed at the rate and
under the conditions applicable in Northern Ireland.46

2.2.2. Intra-EU distance sales of goods (B2C transactions)

2.2.2.1. Goods moving from Northern Ireland to a Member State

When goods (to the exclusion of new means of transport

and goods supplied after assembly or installation by or on
behalf of the supplier) are dispatched or transported by or
on behalf of the supplier from Northern Ireland to a

42
Business to Business.

43
Article 138 and 139 of the VAT Directive.

44
Article 2(1)(b) and Articles 40 to 42 of the VAT Directive.

45
Article 138 and 139 of the VAT Directive.

46
Article 2(1)(b) and Articles 40 to 42 of the VAT Directive.

11
 Member State and qualify as ‘distance sales’47, VAT will
be due in the Member State of destination of these goods48,
at the rate applicable in that Member State.

Taxable persons established in Northern Ireland will be

able to use the One-Stop-Shop (OSS)49 available in
Northern Ireland for declaring and paying the VAT due on
their intra-EU distance sales of goods to the Member
States.

2.2.2.2. Goods moving from a Member State to Northern Ireland

When goods (to the exclusion of new means of transport

and goods supplied after assembly or installation by or on
behalf of the supplier) are dispatched or transported by or
on behalf of the supplier from a Member State to Northern
Ireland and qualify as ‘distance sales’50, VAT will be due
in Northern Ireland51, at the rate applicable in Northern
Ireland.

Taxable persons established in the Member States will be

able to use the One-Stop-Shop (OSS)52 available in their
Member State for declaring and paying the VAT due on
their intra-EU distance sales of goods to Northern Ireland.

2.2.3. Goods installed or assembled

2.2.3.1. Goods installed or assembled in a Member State

When goods dispatched or transported by the supplier, by

the customer or by a third person from Northern Ireland to
a Member State are installed or assembled, by or on behalf
of the supplier, VAT will be due in that Member State.53

47
Article 14(4) of the VAT Directive introduced by Council Directive (EU) 2017/2455 of 5 December
2017 and applicable as of 1 January 2021.

48
Article 33 of the VAT Directive introduced by Council Directive (EU) 2017/2455 of 5 December 2017
and applicable as of 1 January 2021.

49
Article 369bis to Article 369k of the VAT Directive introduced by Council Directive (EU) 2017/2455
of 5 December 2017 and applicable as of 1 January 2021.

50
Article 14(4) of the VAT Directive introduced by Council Directive (EU) 2017/2455 of 5 December
2017 and applicable as of 1 January 2021.

51
Article 33 of the VAT Directive introduced by Council Directive (EU) 2017/2455 of 5 December 2017
and applicable as of 1 January 2021.

52
Article 369bis to Article 369k of the VAT Directive introduced by Council Directive (EU) 2017/2455
of 5 December 2017 and applicable as of 1 January 2021.

53
Article 36 of the VAT Directive.

12
 2.2.3.2. Goods installed or assembled in Northern Ireland

When goods dispatched or transported by the supplier, by

the customer or by a third person from a Member State to
Northern Ireland are installed or assembled, by or on behalf
of the supplier, VAT will be due in Northern Ireland.54

2.2.4. New means of transport

2.2.4.1. New means of transport moving from Northern Ireland to a

Member State

The supply of new means of transport55, dispatched or

transported from Northern Ireland to a Member State will
be exempt from VAT in Northern Ireland56. The
corresponding intra-EU acquisition of the new means of
transport57 will be taxed in the Member State of destination
of that new means of transport58 at the rate applicable in
that Member State. More information can be found at:

https://ec.europa.eu/taxation_customs/individuals/car-
taxation/buying-selling-cars_en

2.2.4.2. New means of transport moving from a Member State to

Northern Ireland

The supply of new means of transport59, dispatched or

transported from a Member State to Northern Ireland will
be exempt from VAT in the Member State of departure60.
The corresponding intra-EU acquisition of the new means
of transport61 will be taxed in Northern Ireland62 at the rate
applicable in Northern Ireland.

More information can be found at:

54
Article 36 of the VAT Directive.

55
Article 2(2) of the VAT Directive.

56
Article 138(1) and (2)(a) of the VAT Directive.

57
Article 20 of the VAT Directive.

58
Article 2(1)(b)(i) and (ii) and Article 40 of the VAT Directive.

59
Article 2(2) of the VAT Directive.

60
Article 138(1) and (2)(a) of the VAT Directive.

61
Article 20 of the VAT Directive.

62
Article 2(1)(b)(i) and (ii) and Article 40 of the VAT Directive.

13
 https://ec.europa.eu/taxation_customs/individuals/car-
taxation/buying-selling-cars_en

2.3. Transactions involving movements of goods between Northern Ireland

and third countries/territories or other parts of the United Kingdom

Transactions involving movements of goods between Northern Ireland and

third countries/territories and between Northern Ireland and other parts of the
United Kingdom will be subject to the VAT rules on imports and exports.

Goods that are brought into Northern Ireland from third countries/territories
or from other parts of the United Kingdom or that are to be taken out of
Northern Ireland for dispatch or transport to third countries/territories or
others parts of the United Kingdom, will be subject to customs supervision
and may be subject to customs controls in accordance with Regulation (EU)
No 952/2013 of 9 October 2013 laying down the Union Customs Code.

2.3.1. Goods brought into Northern Ireland from third counties/territories or

from other parts of the United Kingdom

VAT will be due on the importation of goods63 in Northern Ireland64

from third countries/territories or from other parts of the United
Kingdom, at the rate that applies to the supplies of the same goods in
Northern Ireland.65

VAT will be payable to customs authorities at the time of

importation, unless the United Kingdom allows to enter import VAT
in the periodical VAT return of the taxable person.66

The taxable amount will be based on the value for customs purposes,
increased by (a) taxes, duties, levies and other charges due outside
the Member State of importation, and those due by reason of
importation, excluding the VAT to be levied, and (b) incidental
expenses, such as commission, packing, transport and insurance
costs, incurred up to the first place of destination within the territory
of the Member State of importation as well as those resulting from
transport to another place of destination within the EU, if that other
place is known when the chargeable event occurs.67

These importations will be exempted from VAT if the taxable

persons make use of One-Stop-Shop (OSS)68 for declaring and

63
Article 2(1)(d) of the VAT Directive.

64
Articles 60 and 61 of the VAT Directive.

65
Article 94(2) of the VAT Directive.

66
Article 211 of the VAT Directive.

67
Articles 85 and 86 of the VAT Directive.

68
Articles 369l to 369x of the VAT Directive.

14
 paying the VAT due on their distance sales of goods (except products
subject to excise duties) imported from third countries/territories or
from other parts of the United Kingdom to customers in the Member
States or Northern Ireland, in consignments of an intrinsic value not
exceeding EUR 150.

If the taxable persons are not established in the Member States or in

Northern Ireland, to be able to make use of the special scheme, they
will have to be represented by an intermediary established in the EU,
unless they are established in a country with which the EU has
concluded an agreement on mutual assistance and from which he is
carrying out the distance sales of goods.

Where the special scheme is not used for the importation of goods,
except products subject to excise duties, in consignments of an
intrinsic value not exceeding EUR 150, the customs declarant in
Northern Ireland will be allowed to report electronically the VAT
due in respect of goods for which the dispatch or transport ends in
Northern Ireland in a monthly declaration and pay it via a monthly
payment.69

2.3.2. Goods taken out of Northern Ireland to third countries/territories or to

other parts of the United Kingdom

Goods will be exempt from VAT in Northern Ireland if they are

dispatched or transported from Northern Ireland to a third
country/territory or to another part of the United Kingdom70. The
supplier of exported goods must be able to prove that the goods have
left Northern Ireland to a destination in a third country/territory or in
another part of the United Kingdom. In this regard, the competent
authorities could base themselves on the certification of exit given to
the exporter by the customs office of export.

2.4. Recapitulative table

The table below summarises the VAT treatment linked to the different
possible scenarios. The following acronyms are used for didactical purpose:
EU: the EU Member States;
GB: Great Britain i.e. the United Kingdom with the exception of Northern
Ireland;
MS: Member State;
NI: Northern Ireland;
Third country: any non-EU country which is not the United Kingdom.

69
Articles 369y to 369zb of the VAT Directive.

70
Article 146 of the VAT Directive.

15
 Goods moving from/to VAT treatment
GB to EU Importation in the concerned MS
EU to GB Exportation in the concerned MS
GB to NI Importation in NI
NI to GB Exportation in NI
NI to EU Intra-EU transaction
EU to NI Intra-EU transaction
Third country to NI Importation in NI
NI to third country Exportation in NI

2.5. Goods dispatched or transported from or to Northern Ireland before the

end of the transition period

There may be situations where goods are dispatched or transported from or to

Northern Ireland before the end of the transition period, but where these
goods arrive to their final destination only after the end of the transition
period.
Where the dispatch or transport of goods started in Northern Ireland before
the end of the transition period and ends in a Member State thereafter (or vice
versa), there will be no change in the VAT treatment of this movement that
will continue to be considered as an intra-EU transaction.
Where the dispatch or transport of goods started in Northern Ireland before
the end of the transition period and ends in another part of the United
Kingdom thereafter (or vice versa), the relevant rules of the Withdrawal
Agreement71 apply: there will be no change in the VAT treatment of this
movement that will continue to be considered as a domestic transaction taking
place in the United Kingdom.
After the end of the transition period, those ongoing movements of goods
from another part of the United Kingdom will however have to be presented
to customs authorities in Northern Ireland. Taxable persons must be able to
prove that the transaction took place under this particular circumstance, i.e.
that the dispatch or transport of goods started before the end of the transition
period and ended thereafter. Customs authorities may request the importer to
prove the customs status of the goods as Union goods and, by means of a
transport document, that the dispatch or transport started before the end of the
transition period.

3. VAT REFUNDS

EU VAT legislation provides for different regimes of VAT refunds to taxable

persons not established in the Member State in which they have paid VAT. This

71
Article 51 of the Withdrawal Agreement and Article 13(1), subparagraphs 2 and 3, of the IE/NI
Protocol.

16
 depends on whether the taxable person is established in the EU or in a third
country/territory.
According to the IE/NI Protocol, the EU rules for VAT refunds will be applicable in
and to Northern Ireland72 to the extent that they relate to purchases of goods or
imported goods. They are detailed below.
3.1. Taxable persons established in Northern Ireland with VAT paid on
purchases of goods or imported goods in a Member State

Taxable persons established in Northern Ireland can request a Member State

where they are not established to refund the VAT paid there.73 The standard
procedure applies, in particular:
 The refund request must be submitted electronically to the authorities
competent in Northern Ireland at the latest on 30 September of the year
following the refund period (Article 15 of Directive 2008/9/EC);

 The refund request must be forwarded by the authorities competent in

Northern Ireland to the Member State of refund within 15 days (Article
48(1) of Council Regulation (EU) No 904/201074);

 The Member State of refund must take a decision on the refund request
within 4 months (Article 19(2) of Directive 2008/9/EC); if the refund
application is approved, the refund must be paid within 4 months + 10
working days (Article 22 of Directive 2008/9/EC); these periods can be
prolonged if the Member State of refund asks additional information
(Article 21 of Directive 2008/9/EC).
3.2. Taxable persons established in a Member State with VAT paid on
purchases of goods or imported goods in Northern Ireland

Taxable persons established in a Member State (provided they are not

established in Northern Ireland) can request to the authorities competent in
Northern Ireland to refund the VAT paid there75. The following standard
procedure applies, in particular:
 The refund request must be submitted electronically to the Member State
of establishment at the latest on 30 September of the year following the
refund period (Article 15 of Directive 2008/9/EC);

72
Article 8 of the IE/NI Protocol and section 1 of annex 3 to that Protocol.

73
Articles 170 and 171 of the VAT Directive.

74
Council Regulation (EU) No 904/2010 of 7 October 2010 on administrative cooperation and
combating fraud in the field of value added tax, OJ L 268, 12.10.2010, p. 1.

75
Articles 170 and 171 of the VAT Directive.

17
  The refund request must be forwarded by the Member State of
establishment to the authorities competent in Northern Ireland within 15
days (Article 48(1) of Council Regulation (EU) No 904/201076);

 The authorities competent in Northern Ireland must take a decision on the

refund request within 4 months (Article 19(2) of Directive 2008/9/EC); if
the refund application is approved, the refund must be paid within 4
months + 10 working days (Article 22 of Directive 2008/9/EC); these
periods can be prolonged if the authorities competent in Northern Ireland
ask additional information (Article 21 of Directive 2008/9/EC).

3.3. Taxable persons established outside the EU or in other parts of the

United Kingdom with VAT paid on purchases of goods or imported
goods in Northern Ireland

VAT refunds by the authorities competent in Northern Ireland to taxable

persons established outside the EU or in other parts of the United Kingdom
will be subject to the following conditions provided for in the 13th Directive77:
 The request must be submitted directly to the authorities competent in
Northern Ireland, in accordance with the arrangements determined by
them (Article 3(1) of the 13th Directive);

 The VAT refund may be subject to a reciprocity condition (meaning that

the refund is only permitted if VAT refund is also granted by the third
country or territory to taxable persons established in Northern Ireland
(Article 2(2) of the 13th Directive);

 The authorities competent in Northern Ireland may require the taxable

person established in a third country or territory to designate a tax
representative in order to obtain the VAT refund (Article 2(3) of the 13th
Directive).

The website of the Commission on taxation and customs union

(https://ec.europa.eu/taxation_customs/index_en) provides general information
concerning the consequences of the United Kingdom withdrawal in the field of VAT.
These pages will be updated with further information, where necessary.

European Commission
Directorate-General Taxation and Customs Union

76
Council Regulation (EU) No 904/2010 of 7 October 2010 on administrative cooperation and
combating fraud in the field of value added tax, OJ L 268, 12.10.2010, p. 1.

77
Article 8 of the IE/NI Protocol and section 1 of annex 3 to that Protocol.

18